Professional Documents
Culture Documents
Criminology Department
Madelyn P. Cayadong
Student
Instructor
Congress of the Philippines
Twelfth Congress
First Regular Session
Section 1. Short Title. – This Act shall be known and cited as the "Comprehensive
Dangerous Drugs Act of 2002".
Section 2. Declaration of Policy. – It is the policy of the State to safeguard the integrity of
its territory and the well-being of its citizenry particularly the youth, from the harmful effects
of dangerous drugs on their physical and mental well-being, and to defend the same
against acts or omissions detrimental to their development and preservation. In view of
the foregoing, the State needs to enhance further the efficacy of the law against
dangerous drugs, it being one of today's more serious social ills.
Toward this end, the government shall pursue an intensive and unrelenting campaign
against the trafficking and use of dangerous drugs and other similar substances through
an integrated system of planning, implementation and enforcement of anti-drug abuse
policies, programs, and projects. The government shall however aim to achieve a balance
in the national drug control program so that people with legitimate medical needs are not
prevented from being treated with adequate amounts of appropriate medications, which
include the use of dangerous drugs.
It is further declared the policy of the State to provide effective mechanisms or measures
to re-integrate into society individuals who have fallen victims to drug abuse or dangerous
drug dependence through sustainable programs of treatment and rehabilitation.
ARTICLE I
Definition of terms
Section 3. Definitions. As used in this Act, the following terms shall mean:
(a) Administer. – Any act of introducing any dangerous drug into the body of any person,
with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of
committing any act of indispensable assistance to a person in administering a dangerous
drug to himself/herself unless administered by a duly licensed practitioner for purposes
of medication.
(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.
(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred
to in Section 34, Article VIII of this Act.
(e) Clandestine Laboratory. – Any facility used for the illegal manufacture of any
dangerous drug and/or controlled precursor and essential chemical.
(f) Confirmatory Test. – An analytical test using a device, tool or equipment with a different
chemical or physical principle that is more specific which will validate and confirm the
result of the screening test.
(h) Controlled Precursors and Essential Chemicals. – Include those listed in Tables I and
II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances as enumerated in the attached annex, which is an integral part of this Act.
(i) Cultivate or Culture. – Any act of knowingly planting, growing, raising, or permitting the
planting, growing or raising of any plant which is the source of a dangerous drug.
(j) Dangerous Drugs. – Include those listed in the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in
the attached annex which is an integral part of this Act.
(k) Deliver. – Any act of knowingly passing a dangerous drug to another, personally or
otherwise, and by any means, with or without consideration.
(l) Den, Dive or Resort. – A place where any dangerous drug and/or controlled precursor
and essential chemical is administered, delivered, stored for illegal purposes, distributed,
sold or used in any form.
(m) Dispense. – Any act of giving away, selling or distributing medicine or any dangerous
drug with or without the use of prescription.
(o) Drug Syndicate. – Any organized group of two (2) or more persons forming or joining
together with the intention of committing any offense prescribed under this Act.
(p) Employee of Den, Dive or Resort. – The caretaker, helper, watchman, lookout, and
other persons working in the den, dive or resort, employed by the maintainer, owner
and/or operator where any dangerous drug and/or controlled precursor and essential
chemical is administered, delivered, distributed, sold or used, with or without
compensation, in connection with the operation thereof.
(q) Financier. – Any person who pays for, raises or supplies money for, or underwrites
any of the illegal activities prescribed under this Act.
(s) Instrument. – Any thing that is used in or intended to be used in any manner in the
commission of illegal drug trafficking or related offenses.
(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other
name. – Embraces every kind, class, genus, or specie of the plant Cannabis sativa L.
including, but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and
ganjab, and embraces every kind, class and character of marijuana, whether dried or
fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds
thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in
any form whatsoever.
(y) Opium. – Refers to the coagulated juice of the opium poppy (Papaver somniferum L.)
and embraces every kind, class and character of opium, whether crude or prepared; the
ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any
alkaloid of opium; preparations in which opium, morphine or any alkaloid of opium enters
as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of opium
leaves, whether prepared for use or not.
(z) Opium Poppy. – Refers to any part of the plant of the species Papaver somniferum L.,
Papaver setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas,
which includes the seeds, straws, branches, leaves or any part thereof, or substances
derived therefrom, even for floral, decorative and culinary purposes.
(aa) PDEA. – Refers to the Philippine Drug Enforcement Agency under Section 82, Article
IX of this Act.
(bb) Person. – Any entity, natural or juridical, including among others, a corporation,
partnership, trust or estate, joint stock company, association, syndicate, joint venture or
other unincorporated organization or group capable of acquiring rights or entering into
obligations.
(cc) Planting of Evidence. – The willful act by any person of maliciously and surreptitiously
inserting, placing, adding or attaching directly or indirectly, through any overt or covert
act, whatever quantity of any dangerous drug and/or controlled precursor and essential
chemical in the person, house, effects or in the immediate vicinity of an innocent individual
for the purpose of implicating, incriminating or imputing the commission of any violation
of this Act.
(dd) Practitioner. – Any person who is a licensed physician, dentist, chemist, medical
technologist, nurse, midwife, veterinarian or pharmacist in the Philippines.
(ee) Protector/Coddler. – Any person who knowingly and willfully consents to the unlawful
acts provided for in this Act and uses his/her influence, power or position in shielding,
harboring, screening or facilitating the escape of any person he/she knows, or has
reasonable grounds to believe on or suspects, has violated the provisions of this Act in
order to prevent the arrest, prosecution and conviction of the violator.
(ff) Pusher. – Any person who sells, trades, administers, dispenses, delivers or gives
away to another, on any terms whatsoever, or distributes, dispatches in transit or
transports dangerous drugs or who acts as a broker in any of such transactions, in
violation of this Act.
(ii) Sell. – Any act of giving away any dangerous drug and/or controlled precursor and
essential chemical whether for money or any other consideration.
(jj) Trading. – Transactions involving the illegal trafficking of dangerous drugs and/or
controlled precursors and essential chemicals using electronic devices such as, but not
limited to, text messages, email, mobile or landlines, two-way radios, internet, instant
messengers and chat rooms or acting as a broker in any of such transactions whether for
money or any other consideration in violation of this Act.
ARTICLE II
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall import any controlled precursor and essential chemical.
The maximum penalty provided for under this Section shall be imposed upon any person,
who, unless authorized under this Act, shall import or bring into the Philippines any
dangerous drug and/or controlled precursor and essential chemical through the use of a
diplomatic passport, diplomatic facilities or any other means involving his/her official
status intended to facilitate the unlawful entry of the same. In addition, the diplomatic
passport shall be confiscated and canceled.
The maximum penalty provided for under this Section shall be imposed upon any person,
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed
in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this Section.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any controlled precursor and essential chemical,
or shall act as a broker in such transactions.
For drug pushers who use minors or mentally incapacitated individuals as runners,
couriers and messengers, or in any other capacity directly connected to the dangerous
drugs and/or controlled precursors and essential chemical trade, the maximum penalty
shall be imposed in every case.
The maximum penalty provided for under this Section shall be imposed upon any person
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed
in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this Section.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person or group of
persons who shall maintain a den, dive, or resort where any controlled precursor and
essential chemical is used or sold in any form.
The maximum penalty provided for under this Section shall be imposed in every case
where any dangerous drug is administered, delivered or sold to a minor who is allowed
to use the same in such a place.
Should any dangerous drug be the proximate cause of the death of a person using the
same in such den, dive or resort, the penalty of death and a fine ranging from One million
(P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed on the
maintainer, owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be confiscated and
escheated in favor of the government: Provided, That the criminal complaint shall
specifically allege that such place is intentionally used in the furtherance of the crime:
Provided, further, That the prosecution shall prove such intent on the part of the owner to
use the property for such purpose: Provided, finally, That the owner shall be included as
an accused in the criminal complaint.
The maximum penalty provided for under this Section shall be imposed upon any person
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed
in this Section.
The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and
a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this Section.
(a) Any employee of a den, dive or resort, who is aware of the nature of the
place as such; and
(b) Any person who, not being included in the provisions of the next
preceding, paragraph, is aware of the nature of the place as such and shall
knowingly visit the same
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall manufacture any controlled precursor and essential chemical.
The presence of any controlled precursor and essential chemical or laboratory equipment
in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug.
It shall be considered an aggravating circumstance if the clandestine laboratory is
undertaken or established under the following circumstances:
(a) Any phase of the manufacturing process was conducted in the presence
or with the help of minor/s:
(c) Any clandestine laboratory was secured or protected with booby traps;
The maximum penalty provided for under this Section shall be imposed upon any person,
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed
in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this Section.
The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years
and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed if it will be used to inject, ingest, inhale or otherwise
introduce into the human body a dangerous drug in violation of this Act.
The maximum penalty provided for under this Section shall be imposed upon any person,
who uses a minor or a mentally incapacitated individual to deliver such equipment,
instrument, apparatus and other paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall
possess any dangerous drug in the following quantities, regardless of the degree of purity
thereof:
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic
acid diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those
similarly designed or newly introduced drugs and their derivatives, without
having any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements, as determined and promulgated by the Board in
accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall
be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the
quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams or
more but less than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment
and a fine ranging from Four hundred thousand pesos (P400,000.00) to
Five hundred thousand pesos (P500,000.00), if the quantities of dangerous
drugs are five (5) grams or more but less than ten (10) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine hydrochloride or "shabu", or other
dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA,
TMA, LSD, GHB, and those similarly designed or newly introduced drugs
and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or three hundred (300)
grams or more but less than five (hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from Three hundred thousand pesos (P300,000.00) to
Four hundred thousand pesos (P400,000.00), if the quantities of dangerous
drugs are less than five (5) grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs
such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and
those similarly designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements; or less than three hundred (300) grams
of marijuana.
The possession of such equipment, instrument, apparatus and other paraphernalia fit or
intended for any of the purposes enumerated in the preceding paragraph shall be prima
facie evidence that the possessor has smoked, consumed, administered to
himself/herself, injected, ingested or used a dangerous drug and shall be presumed to
have violated Section 15 of this Act.
Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found
to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed
a penalty of a minimum of six (6) months rehabilitation in a government center for the first
offense, subject to the provisions of Article VIII of this Act. If apprehended using any
dangerous drug for the second time, he/she shall suffer the penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from
Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00):
Provided, That this Section shall not be applicable where the person tested is also found
to have in his/her possession such quantity of any dangerous drug provided for under
Section 11 of this Act, in which case the provisions stated therein shall apply.
The land or portions thereof and/or greenhouses on which any of said plants is cultivated
or cultured shall be confiscated and escheated in favor of the State, unless the owner
thereof can prove lack of knowledge of such cultivation or culture despite the exercise of
due diligence on his/her part. If the land involved is part of the public domain, the
maximum penalty provided for under this Section shall be imposed upon the offender.
The maximum penalty provided for under this Section shall be imposed upon any person,
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed
in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this Section.
An additional penalty shall be imposed through the revocation of the license to practice
his/her profession, in case of a practitioner, or of the business, in case of a manufacturer,
seller, importer, distributor, dealer or retailer.
Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life imprisonment
to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall make or issue a prescription or any other writing purporting to be
a prescription for any dangerous drug.
Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful
Act, Including the Properties or Proceeds Derived from the Illegal Trafficking of
Dangerous Drugs and/or Precursors and Essential Chemicals. – Every penalty imposed
for the unlawful importation, sale, trading, administration, dispensation, delivery,
distribution, transportation or manufacture of any dangerous drug and/or controlled
precursor and essential chemical, the cultivation or culture of plants which are sources of
dangerous drugs, and the possession of any equipment, instrument, apparatus and other
paraphernalia for dangerous drugs including other laboratory equipment, shall carry with
it the confiscation and forfeiture, in favor of the government, of all the proceeds and
properties derived from the unlawful act, including, but not limited to, money and other
assets obtained thereby, and the instruments or tools with which the particular unlawful
act was committed, unless they are the property of a third person not liable for the unlawful
act, but those which are not of lawful commerce shall be ordered destroyed without delay
pursuant to the provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court
shall immediately schedule a hearing for the confiscation and forfeiture of all the proceeds
of the offense and all the assets and properties of the accused either owned or held by
him or in the name of some other persons if the same shall be found to be manifestly out
of proportion to his/her lawful income: Provided, however, That if the forfeited property is
a vehicle, the same shall be auctioned off not later than five (5) days upon order of
confiscation or forfeiture.
During the pendency of the case in the Regional Trial Court, no property, or income
derived therefrom, which may be confiscated and forfeited, shall be disposed, alienated
or transferred and the same shall be in custodia legis and no bond shall be admitted for
the release of the same.
The proceeds of any sale or disposition of any property confiscated or forfeited under this
Section shall be used to pay all proper expenses incurred in the proceedings for the
confiscation, forfeiture, custody and maintenance of the property pending disposition, as
well as expenses for publication and court costs. The proceeds in excess of the above
expenses shall accrue to the Board to be used in its campaign against illegal drugs.
(1) The apprehending team having initial custody and control of the drugs
shall, immediately after seizure and confiscation, physically inventory and
photograph the same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her representative
or counsel, a representative from the media and the Department of Justice
(DOJ), and any elected public official who shall be required to sign the
copies of the inventory and be given a copy thereof;
(4) After the filing of the criminal case, the Court shall, within seventy-two
(72) hours, conduct an ocular inspection of the confiscated, seized and/or
surrendered dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the
PDEA shall within twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or the
person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the DOJ,
civil society groups and any elected public official. The Board shall draw up
the guidelines on the manner of proper disposition and destruction of such
item/s which shall be borne by the offender: Provided, That those item/s of
lawful commerce, as determined by the Board, shall be donated, used or
recycled for legitimate purposes: Provided, further, That a representative
sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of
destruction or burning of the subject item/s which, together with the
representative sample/s in the custody of the PDEA, shall be submitted to
the court having jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a minimum quantity as determined
by the Board;
(7) After the promulgation and judgment in the criminal case wherein the representative
sample/s was presented as evidence in court, the trial prosecutor shall inform the Board
of the final termination of the case and, in turn, shall request the court for leave to turn
over the said representative sample/s to the PDEA for proper disposition and destruction
within twenty-four (24) hours from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act,
dangerous drugs defined herein which are presently in possession of law enforcement
agencies shall, with leave of court, be burned or destroyed, in the presence of
representatives of the Court, DOJ, Department of Health (DOH) and the accused/and or
his/her counsel, and, b) Pending the organization of the PDEA, the custody, disposition,
and burning or destruction of seized/surrendered dangerous drugs provided under this
Section shall be implemented by the DOH.
Section 22. Grant of Compensation, Reward and Award. – The Board shall recommend
to the concerned government agency the grant of compensation, reward and award to
any person providing information and to law enforcers participating in the operation, which
results in the successful confiscation, seizure or surrender of dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential chemicals.
Section 23. Plea-Bargaining Provision. – Any person charged under any provision of this
Act regardless of the imposable penalty shall not be allowed to avail of the provision on
plea-bargaining.
Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. –
Any person convicted for drug trafficking or pushing under this Act, regardless of the
penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law
or Presidential Decree No. 968, as amended.
Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit the following
unlawful acts shall be penalized by the same penalty prescribed for the commission of
the same as provided under this Act:
(c) Maintenance of a den, dive or resort where any dangerous drug is used
in any form;
Section 28. Criminal Liability of Government Officials and Employees. – The maximum
penalties of the unlawful acts provided for in this Act shall be imposed, in addition to
absolute perpetual disqualification from any public office, if those found guilty of such
unlawful acts are government officials and employees.
Section 29. Criminal Liability for Planting of Evidence. – Any person who is found guilty
of "planting" any dangerous drug and/or controlled precursor and essential chemical,
regardless of quantity and purity, shall suffer the penalty of death.
The penalty provided for the offense under this Act shall be imposed upon the partner,
president, director, manager, trustee, estate administrator, or officer who knowingly
authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or
other facility, as an instrument in the importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or manufacture of dangerous drugs, or
chemical diversion, if such vehicle, vessel, aircraft, equipment or other instrument is
owned by or under the control or supervision of the partnership, corporation, association
or juridical entity to which they are affiliated.
Section 32. Liability to a Person Violating Any Regulation Issued by the Board. – The
penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and
a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person found violating any regulation duly
issued by the Board pursuant to this Act, in addition to the administrative sanctions
imposed by the Board.
Section 33. Immunity from Prosecution and Punishment. – Notwithstanding the
provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the
provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act
of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this
Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13,
and 16, Article II of this Act as well as any violation of the offenses mentioned if committed
by a drug syndicate, or any information leading to the whereabouts, identities and arrest
of all or any of the members thereof; and who willingly testifies against such persons as
described above, shall be exempted from prosecution or punishment for the offense with
reference to which his/her information of testimony were given, and may plead or prove
the giving of such information and testimony in bar of such prosecution: Provided, That
the following conditions concur:
(1) The information and testimony are necessary for the conviction of the
persons described above;
(2) Such information and testimony are not yet in the possession of the
State;
(4) the informant or witness has not been previously convicted of a crime
involving moral turpitude, except when there is no other direct evidence
available for the State other than the information and testimony of said
informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay,
any condition or undertaking, reduced into writing, lawfully imposed by the
State as further consideration for the grant of immunity from prosecution
and punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness who
does not appear to be most guilty for the offense with reference to which his/her
information or testimony were given: Provided, finally, That there is no direct evidence
available for the State except for the information and testimony of the said informant or
witness.
Section 34. Termination of the Grant of Immunity. – The immunity granted to the
informant or witness, as prescribed in Section 33 of this Act, shall not attach should it turn
out subsequently that the information and/or testimony is false, malicious or made only
for the purpose of harassing, molesting or in any way prejudicing the persons described
in the preceding Section against whom such information or testimony is directed against.
In such case, the informant or witness shall be subject to prosecution and the enjoyment
of all rights and benefits previously accorded him under this Act or any other law, decree
or order shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify without just cause,
and when lawfully obliged to do so, or should he/she violate any condition accompanying
such immunity as provided above, his/her immunity shall be removed and he/she shall
likewise be subject to contempt and/or criminal prosecution, as the case may be, and the
enjoyment of all rights and benefits previously accorded him under this Act or in any other
law, decree or order shall be deemed terminated.
In case the informant or witness referred to under this Act falls under the applicability of
this Section hereof, such individual cannot avail of the provisions under Article VIII of this
Act.
Section 35. Accessory Penalties. – A person convicted under this Act shall be disqualified
to exercise his/her civil rights such as but not limited to, the rights of parental authority or
guardianship, either as to the person or property of any ward, the rights to dispose of such
property by any act or any conveyance inter vivos, and political rights such as but not
limited to, the right to vote and be voted for. Such rights shall also be suspended during
the pendency of an appeal from such conviction.
ARTICLE III
Section 36. Authorized Drug Testing. – Authorized drug testing shall be done by any
government forensic laboratories or by any of the drug testing laboratories accredited and
monitored by the DOH to safeguard the quality of test results. The DOH shall take steps
in setting the price of the drug test with DOH accredited drug testing centers to further
reduce the cost of such drug test. The drug testing shall employ, among others, two (2)
testing methods, the screening test which will determine the positive result as well as the
type of the drug used and the confirmatory test which will confirm a positive screening
test. Drug test certificates issued by accredited drug testing centers shall be valid for a
one-year period from the date of issue which may be used for other purposes. The
following shall be subjected to undergo drug testing:
(b) Applicants for firearm's license and for permit to carry firearms outside
of residence. – All applicants for firearm's license and permit to carry
firearms outside of residence shall undergo a mandatory drug test to ensure
that they are free from the use of dangerous drugs: Provided, That all
persons who by the nature of their profession carry firearms shall undergo
drug testing;
(d) Officers and employees of public and private offices. – Officers and
employees of public and private offices, whether domestic or overseas,
shall be subjected to undergo a random drug test as contained in the
company's work rules and regulations, which shall be borne by the
employer, for purposes of reducing the risk in the workplace. Any officer or
employee found positive for use of dangerous drugs shall be dealt with
administratively which shall be a ground for suspension or termination,
subject to the provisions of Article 282 of the Labor Code and pertinent
provisions of the Civil Service Law;
(e) Officers and members of the military, police and other law enforcement
agencies. – Officers and members of the military, police and other law
enforcement agencies shall undergo an annual mandatory drug test;
(f) All persons charged before the prosecutor's office with a criminal offense
having an imposable penalty of imprisonment of not less than six (6) years
and one (1) day shall have to undergo a mandatory drug test; and
(g) All candidates for public office whether appointed or elected both in the
national or local government shall undergo a mandatory drug test.
Section 37. Issuance of False or Fraudulent Drug Test Results. – Any person authorized,
licensed or accredited under this Act and its implementing rules to conduct drug
examination or test, who issues false or fraudulent drug test results knowingly, willfully or
through gross negligence, shall suffer the penalty of imprisonment ranging from six (6)
years and one (1) day to twelve (12) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00).
An additional penalty shall be imposed through the revocation of the license to practice
his/her profession in case of a practitioner, and the closure of the drug testing center.
Section 39. Accreditation of Drug Testing Centers and Physicians. – The DOH shall be
tasked to license and accredit drug testing centers in each province and city in order to
assure their capacity, competence, integrity and stability to conduct the laboratory
examinations and tests provided in this Article, and appoint such technical and other
personnel as may be necessary for the effective implementation of this provision. The
DOH shall also accredit physicians who shall conduct the drug dependency examination
of a drug dependent as well as the after-care and follow-up program for the said drug
dependent. There shall be a control regulations, licensing and accreditation division under
the supervision of the DOH for this purpose.
For this purpose, the DOH shall establish, operate and maintain drug testing centers in
government hospitals, which must be provided at least with basic technologically
advanced equipment and materials, in order to conduct the laboratory examination and
tests herein provided, and appoint such qualified and duly trained technical and other
personnel as may be necessary for the effective implementation of this provision.
Section 40. Records Required for Transactions on Dangerous Drug and Precursors and
Essential Chemicals. –
(6) Serial number of the prescription and the name of the physician,
dentist, veterinarian or practitioner issuing the same;
(7) Quantity and name of the dangerous drugs sold or delivered; and
A certified true copy of such record covering a period of six (6) months, duly
signed by the pharmacist or the owner of the drugstore, pharmacy or
chemical establishment, shall be forwarded to the Board within fifteen (15)
days following the last day of June and December of each year, with a copy
thereof furnished the city or municipal health officer concerned.
ARTICLE IV
Section 41. Involvement of the Family. – The family being the basic unit of the Filipino
society shall be primarily responsible for the education and awareness of the members
of the family on the ill effects of dangerous drugs and close monitoring of family members
who may be susceptible to drug abuse.
Section 42. Student Councils and Campus Organizations. – All elementary, secondary
and tertiary schools' student councils and campus organizations shall include in their
activities a program for the prevention of and deterrence in the use of dangerous drugs,
and referral for treatment and rehabilitation of students for drug dependence.
Section 43. School Curricula. – Instruction on drug abuse prevention and control shall be
integrated in the elementary, secondary and tertiary curricula of all public and private
schools, whether general, technical, vocational or agro-industrial as well as in non-formal,
informal and indigenous learning systems. Such instructions shall include:
(1) Adverse effects of the abuse and misuse of dangerous drugs on the
person, the family, the school and the community;
Section 44. Heads, Supervisors, and Teachers of Schools. – For the purpose of enforcing
the provisions of Article II of this Act, all school heads, supervisors and teachers shall be
deemed persons in authority and, as such, are hereby empowered to apprehend, arrest
or cause the apprehension or arrest of any person who shall violate any of the said
provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall be deemed
persons in authority if they are in the school or within its immediate vicinity, or even
beyond such immediate vicinity if they are in attendance at any school or class function
in their official capacity as school heads, supervisors, and teachers.
Any teacher or school employee, who discovers or finds that any person in the school or
within its immediate vicinity is liable for violating any of said provisions, shall have the
duty to report the same to the school head or immediate superior who shall, in turn, report
the matter to the proper authorities.
Failure to do so in either case, within a reasonable period from the time of discovery of
the violation shall, after due hearing, constitute sufficient cause for disciplinary action by
the school authorities.
Section 45. Publication and Distribution of Materials on Dangerous Drugs. – With the
assistance of the Board, the Secretary of the Department of Education (DepEd), the
Chairman of the Commission on Higher Education (CHED) and the Director-General of
the Technical Education and Skills Development Authority (TESDA) shall cause the
development, publication and distribution of information and support educational
materials on dangerous drugs to the students, the faculty, the parents, and the
community.
Section 46. Special Drug Education Center. – With the assistance of the Board, the
Department of the Interior and Local Government (DILG), the National Youth Commission
(NYC), and the Department of Social Welfare and Development (DSWD) shall establish
in each of its provincial office a special education drug center for out-of-school youth and
street children. Such Center which shall be headed by the Provincial Social. Welfare
Development Officer shall sponsor drug prevention programs and activities and
information campaigns with the end in view of educating the out-of-school youth and
street children regarding the pernicious effects of drug abuse. The programs initiated by
the Center shall likewise be adopted in all public and private orphanage and existing
special centers for street children.
ARTICLE V
Promotion of a National Drug-Free Workplace Program With the Participation of
Private and Labor Sectors and the Department of Labor and Employment
Section 47. Drug-Free Workplace. – It is deemed a policy of the State to promote drug-
free workplaces using a tripartite approach. With the assistance of the Board, the
Department of Labor and Employment (DOLE) shall develop, promote and implement a
national drug abuse prevention program in the workplace to be adopted by private
companies with ten (10) or more employees. Such program shall include the mandatory
drafting and adoption of company policies against drug use in the workplace in close
consultation and coordination with the DOLE, labor and employer organizations, human
resource development managers and other such private sector organizations.
Section 48. Guidelines for the National Drug-Free Workplace Program. – The Board and
the DOLE shall formulate the necessary guidelines for the implementation of the national
drug-free workplace program. The amount necessary for the implementation of which
shall be included in the annual General Appropriations Act.
ARTICLE VI
Participation of the Private and Labor Sectors in the Enforcement of this Act
Section 49. Labor Organizations and the Private Sector. – All labor unions, federations,
associations, or organizations in cooperation with the respective private sector partners
shall include in their collective bargaining or any similar agreements, joint continuing
programs and information campaigns for the laborers similar to the programs provided
under Section 47 of this Act with the end in view of achieving a drug free workplace.
Section 50. Government Assistance. – The labor sector and the respective partners may,
in pursuit of the programs mentioned in the preceding Section, secure the technical
assistance, such as but not limited to, seminars and information dissemination campaigns
of the appropriate government and law enforcement agencies.
ARTICLE VII
Section 51. Local Government Units' Assistance. – Local government units shall
appropriate a substantial portion of their respective annual budgets to assist in or enhance
the enforcement of this Act giving priority to preventive or educational programs and the
rehabilitation or treatment of drug dependents.
Section 52. Abatement of Drug Related Public Nuisances. – Any place or premises which
have been used on two or more occasions as the site of the unlawful sale or delivery of
dangerous drugs may be declared to be a public nuisance, and such nuisance may be
abated, pursuant to the following procedures:
(1) Any city or municipality may, by ordinance, create an administrative
board to hear complaints regarding the nuisances;
(2) any employee, officer, or resident of the city or municipality may bring a
complaint before the Board after giving not less than three (3) days written
notice of such complaint to the owner of the place or premises at his/her
last known address; and
(3) After hearing in which the Board may consider any evidence, including
evidence of the general reputation of the place or premises, and at which
the owner of the premises shall have an opportunity to present evidence in
his/her defense, the Board may declare the place or premises to be a public
nuisance.
Section 53. Effect of Board Declaration. – If the Board declares a place or premises to
be a public nuisance, it may declare an order immediately prohibiting the conduct,
operation, or maintenance of any business or activity on the premises which is conducive
to such nuisance.
An order entered under this Section shall expire after one (1) year or at such earlier time
as stated in the order. The Board may bring a complaint seeking a permanent injunction
against any nuisance described under this Section.
This Article does not restrict the right of any person to proceed under the Civil Code
against any public nuisance.
ARTICLE VIII
Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year,
after which time the Court, as well as the Board, shall be apprised by the head of the
treatment and rehabilitation center of the status of said drug dependent and determine
whether further confinement will be for the welfare of the drug dependent and his/her
family or the community.
Section 55. Exemption from the Criminal Liability Under the Voluntary Submission
Program. A drug dependent under the voluntary submission program, who is finally
discharged from confinement, shall be exempt from the criminal liability under Section 15
of this act subject to the following conditions:
(1) He/she has complied with the rules and regulations of the center, the
applicable rules and regulations of the Board, including the after-care and
follow-up program for at least eighteen (18) months following temporary
discharge from confinement in the Center or, in the case of a dependent
placed under the care of the DOH-accredited physician, the after-care
program and follow-up schedule formulated by the DSWD and approved by
the Board: Provided, That capability-building of local government social
workers shall be undertaken by the DSWD;
(2) He/she has never been charged or convicted of any offense punishable
under this Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425,
as amended; the Revised Penal Code, as amended; or any special penal
laws;
(3) He/she has no record of escape from a Center: Provided, That had
he/she escaped, he/she surrendered by himself/herself or through his/her
parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, within one (1) week from the date of the said
escape; and
Section 56. Temporary Release From the Center; After-Care and Follow-Up Treatment
Under the Voluntary Submission Program. – Upon certification of the Center that the drug
dependent within the voluntary submission program may be temporarily released, the
Court shall order his/her release on condition that said drug dependent shall report to the
DOH for after-care and follow-up treatment, including urine testing, for a period not
exceeding eighteen (18) months under such terms and conditions that the Court may
impose.
If during the period of after-care and follow-up, the drug dependent is certified to be
rehabilitated, he/she may be discharged by the Court, subject to the provisions of Section
55 of this Act, without prejudice to the outcome of any pending case filed in court.
However, should the DOH find that during the initial after-care and follow-up program of
eighteen (18) months, the drug dependent requires further treatment and rehabilitation in
the Center, he/she shall be recommitted to the Center for confinement. Thereafter, he/she
may again be certified for temporary release and ordered released for another after-care
and follow-up program pursuant to this Section.
Section 57. Probation and Community Service Under the Voluntary Submission
Program. – A drug dependent who is discharged as rehabilitated by the DOH-accredited
Center through the voluntary submission program, but does not qualify for exemption from
criminal liability under Section 55 of this Act, may be charged under the provisions of this
Act, but shall be placed on probation and undergo a community service in lieu of
imprisonment and/or fine in the discretion of the court, without prejudice to the outcome
of any pending case filed in court.
Such drug dependent shall undergo community service as part of his/her after-care and
follow-up program, which may be done in coordination with nongovernmental civil
organizations accredited by the DSWD, with the recommendation of the Board.
Section 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under
the Voluntary Submission Program. – A drug dependent, who is not rehabilitated after the
second commitment to the Center under the voluntary submission program, shall, upon
recommendation of the Board, be charged for violation of Section 15 of this Act and
prosecuted like any other offender. If convicted, he/she shall be credited for the period of
confinement and rehabilitation in the Center in the service of his/her sentence.
Section 59. Escape and Recommitment for Confinement and Rehabilitation Under the
Voluntary Submission Program. – Should a drug dependent under the voluntary
submission program escape from the Center, he/she may submit himself/herself for
recommitment within one (1) week therefrom, or his/her parent, spouse, guardian or
relative within the fourth degree of consanguinity or affinity may, within said period,
surrender him for recommitment, in which case the corresponding order shall be issued
by the Board.
Should the escapee fail to submit himself/herself or be surrendered after one (1) week,
the Board shall apply to the court for a recommitment order upon proof of previous
commitment or his/her voluntary submission by the Board, the court may issue an order
for recommitment within one (1) week.
If, subsequent to a recommitment, the dependent once again escapes from confinement,
he/she shall be charged for violation of Section 15 of this Act and he subjected under
section 61 of this Act, either upon order of the Board or upon order of the court, as the
case may be.
Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under
the Voluntary Submission Program. – Notwithstanding any law, rule and regulation to the
contrary, any person determined and found to be dependent on dangerous drugs shall,
upon petition by the Board or any of its authorized representative, be confined for
treatment and rehabilitation in any Center duly designated or accredited for the purpose.
After the petition is filed, the court, by an order, shall immediately fix a date for the hearing,
and a copy of such order shall be served on the person alleged to be dependent on
dangerous drugs, and to the one having charge of him.
If after such hearing and the facts so warrant, the court shall order the drug dependent to
be examined by two (2) physicians accredited by the Board. If both physicians conclude
that the respondent is not a drug dependent, the court shall order his/her discharge. If
either physician finds him to be a dependent, the court shall conduct a hearing and
consider all relevant evidence which may be offered. If the court finds him a drug
dependent, it shall issue an order for his/her commitment to a treatment and rehabilitation
center under the supervision of the DOH. In any event, the order of discharge or order of
confinement or commitment shall be issued not later than fifteen (15) days from the filing
of the appropriate petition.
In the event he Board determines, after medical examination, that public interest requires
that such drug dependent be committed to a center for treatment and rehabilitation, it
shall file a petition for his/her commitment with the regional trial court of the province or
city where he/she is being investigated or tried: Provided, That where a criminal case is
pending in court, such petition shall be filed in the said court. The court shall take judicial
notice of the prior proceedings in the case and shall proceed to hear the petition. If the
court finds him to be a drug dependent, it shall order his/her commitment to a Center for
treatment and rehabilitation. The head of said Center shall submit to the court every four
(4) months, or as often as the court may require, a written report on the progress of the
treatment. If the dependent is rehabilitated, as certified by the center and the Board,
he/she shall be returned to the court, which committed him, for his/her discharge
therefrom.
Thereafter, his/her prosecution for any offense punishable by law shall be instituted or
shall continue, as the case may be. In case of conviction, the judgment shall, if the
accused is certified by the treatment and rehabilitation center to have maintained good
behavior, indicate that he/she shall be given full credit for the period he/she was confined
in the Center: Provided, however, That when the offense is for violation of Section 15 of
this Act and the accused is not a recidivist, the penalty thereof shall be deemed to have
been served in the Center upon his/her release therefrom after certification by the Center
and the Board that he/she is rehabilitated.
Section 63. Prescription of the Offense Charged Against a Drug Dependent Under the
Compulsory Submission Program. – The period of prescription of the offense charged
against a drug dependent under the compulsory submission program shall not run during
the time that the drug dependent is under confinement in a Center or otherwise under the
treatment and rehabilitation program approved by the Board.
Upon certification of the Center that he/she may temporarily be discharged from the said
Center, the court shall order his/her release on condition that he/she shall report to the
Board through the DOH for after-care and follow-up treatment for a period not exceeding
eighteen (18) months under such terms and conditions as may be imposed by the Board.
If at anytime during the after-care and follow-up period, the Board certifies to his/her
complete rehabilitation, the court shall order his/her final discharge from confinement and
order for the immediate resumption of the trial of the case for which he/she is originally
charged. Should the Board through the DOH find at anytime during the after-care and
follow-up period that he/she requires further treatment and rehabilitation, it shall report to
the court, which shall order his/her recommitment to the Center.
Should the drug dependent, having been committed to a Center upon petition by the
Board escape therefrom, he/she may resubmit himself/herself for confinement within one
(1) week from the date of his/her escape; or his/her parent, spouse, guardian or relative
within the fourth degree of consanguinity or affinity may, within the same period, surrender
him for recommitment. If, however, the drug dependent does not resubmit himself/herself
for confinement or he/she is not surrendered for recommitment, the Board may apply with
the court for the issuance of the recommitment order. Upon proof of previous
commitment, the court shall issue an order for recommitment. If, subsequent to such
recommitment, he/she should escape again, he/she shall no longer be exempt from
criminal liability for use of any dangerous drug.
A drug dependent committed under this particular Section who is finally discharged from
confinement shall be exempt from criminal liability under Section 15 of this Act, without
prejudice to the outcome of any pending case filed in court. On the other hand, a drug
dependent who is not rehabilitated after a second commitment to the Center shall, upon
conviction by the appropriate court, suffer the same penalties provided for under Section
15 of this Act again without prejudice to the outcome of any pending case filed in court.
Section 65. Duty of the Prosecutor in the Proceedings. – It shall be the duty of the
provincial or the city prosecutor or their assistants or state prosecutors to prepare the
appropriate petition in all proceedings arising from this Act.
(a) He/she has not been previously convicted of violating any provision of
this Act, or of the Dangerous Drugs Act of 1972, as amended; or of the
Revised Penal Code; or of any special penal laws;
(b) He/she has not been previously committed to a Center or to the care of
a DOH-accredited physician; and
While under suspended sentence, he/she shall be under the supervision and
rehabilitative surveillance of the Board, under such conditions that the court may impose
for a period ranging from six (6) months to eighteen (18) months.
Upon recommendation of the Board, the court may commit the accused under suspended
sentence to a Center, or to the care of a DOH-accredited physician for at least six (6)
months, with after-care and follow-up program for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the commission of any
offense penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise
known as the Child and Youth Welfare Code, as amended by Presidential Decree No.
1179 shall apply, without prejudice to the application of the provisions of this Section.
Upon the dismissal of the proceedings against the accused, the court shall enter an order
to expunge all official records, other than the confidential record to be retained by the
DOJ relating to the case. Such an order, which shall be kept confidential, shall restore the
accused to his/her status prior to the case. He/she shall not be held thereafter to be guilty
of perjury or of concealment or misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related thereto in response to any inquiry made
of him for any purpose.
Section 69. Promulgation of Sentence for First-Time Minor Offender. – If the accused
first-time minor offender violates any of the conditions of his/her suspended sentence, the
applicable rules and regulations of the Board exercising supervision and rehabilitative
surveillance over him, including the rules and regulations of the Center should
confinement be required, the court shall pronounce judgment of conviction and he/she
shall serve sentence as any other convicted person.
Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of
Imprisonment. – Upon promulgation of the sentence, the court may, in its discretion, place
the accused under probation, even if the sentence provided under this Act is higher than
that provided under existing law on probation, or impose community service in lieu of
imprisonment. In case of probation, the supervision and rehabilitative surveillance shall
be undertaken by the Board through the DOH in coordination with the Board of Pardons
and Parole and the Probation Administration. Upon compliance with the conditions of the
probation, the Board shall submit a written report to the court recommending termination
of probation and a final discharge of the probationer, whereupon the court shall issue
such an order.
The community service shall be complied with under conditions, time and place as may
be determined by the court in its discretion and upon the recommendation of the Board
and shall apply only to violators of Section 15 of this Act. The completion of the community
service shall be under the supervision and rehabilitative surveillance of the Board during
the period required by the court. Thereafter, the Board shall render a report on the manner
of compliance of said community service. The court in its discretion may require extension
of the community service or order a final discharge.
In both cases, the judicial records shall be covered by the provisions of Sections 60 and
64 of this Act.
If the sentence promulgated by the court requires imprisonment, the period spent in the
Center by the accused during the suspended sentence period shall be deducted from the
sentence to be served.
Section 71. Records to be kept by the Department of Justice. – The DOJ shall keep a
confidential record of the proceedings on suspension of sentence and shall not be used
for any purpose other than to determine whether or not a person accused under this Act
is a first-time minor offender.
Section 72. Liability of a Person Who Violates the Confidentiality of Records. – The
penalty of imprisonment ranging from six (6) months and one (1) day to six (6) years and
a fine ranging from One thousand pesos (P1,000.00) to Six thousand pesos (P6,000.00),
shall be imposed upon any person who, having official custody of or access to the
confidential records of any drug dependent under voluntary submission programs, or
anyone who, having gained possession of said records, whether lawfully or not, reveals
their content to any person other than those charged with the prosecution of the offenses
under this Act and its implementation. The maximum penalty shall be imposed, in addition
to absolute perpetual disqualification from any public office, when the offender is a
government official or employee. Should the records be used for unlawful purposes, such
as blackmail of the drug dependent or the members of his/her family, the penalty imposed
for the crime of violation of confidentiality shall be in addition to whatever crime he/she
may be convicted of.
Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with
the Board or any Concerned Agency. – Any parent, spouse or guardian who, without valid
reason, refuses to cooperate with the Board or any concerned agency in the treatment
and rehabilitation of a drug dependent who is a minor, or in any manner, prevents or
delays the after-care, follow-up or other programs for the welfare of the accused drug
dependent, whether under voluntary submission program or compulsory submission
program, may be cited for contempt by the court.
Section 75. Treatment and Rehabilitation Centers. – The existing treatment and
rehabilitation centers for drug dependents operated and maintained by the NBI and the
PNP shall be operated, maintained and managed by the DOH in coordination with other
concerned agencies. For the purpose of enlarging the network of centers, the Board
through the DOH shall encourage, promote or whenever feasible, assist or support in the
establishment, operations and maintenance of private centers which shall be eligible to
receive grants, donations or subsidy from either government or private sources. It shall
also support the establishment of government-operated regional treatment and
rehabilitation centers depending upon the availability of funds. The national government,
through its appropriate agencies shall give priority funding for the increase of subsidy to
existing government drug rehabilitation centers, and shall establish at least one (1) drug
rehabilitation center in each province, depending on the availability of funds.
Section 76. The Duties and Responsibilities of the Department of health (DOH) Under
this Act. – The DOH shall:
(1) Oversee the monitor the integration, coordination and supervision of all
drug rehabilitation, intervention, after-care and follow-up programs, projects
and activities as well as the establishment, operations, maintenance and
management of privately-owned drug treatment rehabilitation centers and
drug testing networks and laboratories throughout the country in
coordination with the DSWD and other agencies;
(2) License, accredit, establish and maintain drug test network and
laboratory, initiate, conduct and support scientific research on drugs and
drug control;
(3) Encourage, assist and accredit private centers, promulgate rules and
regulations setting minimum standards for their accreditation to assure their
competence, integrity and stability;
(4) Prescribe and promulgate rules and regulations governing the
establishment of such Centers as it may deem necessary after conducting
a feasibility study thereof;
(5) The DOH shall, without prejudice to the criminal prosecution of those
found guilty of violating this Act, order the closure of a Center for treatment
and rehabilitation of drug dependency when, after investigation it is found
guilty of violating the provisions of this Act or regulations issued by the
Board; and
ARTICLE IX
Section 77. The Dangerous Drugs Board. – The Board shall be the policy-making and
strategy-formulating body in the planning and formulation of policies and programs on
drug prevention and control. It shall develop and adopt a comprehensive, integrated,
unified and balanced national drug abuse prevention and control strategy. It shall be
under the Office of the President.
Section 78. Composition of the Board. – The Board shall be composed of seventeen (17)
members wherein three (3) of which are permanent members, the other twelve (12)
members shall be in an ex officio capacity and the two (2) shall be regular members.
The three (3) permanent members, who shall possess at least seven-year training and
experience in the field of dangerous drugs and in any of the following fields: in law,
medicine, criminology, psychology or social work, shall be appointed by the President of
the Philippines. The President shall designate a Chairman, who shall have the rank of a
secretary from among the three (3) permanent members who shall serve for six (6) years.
Of the two (2) other members, who shall both have the rank of undersecretary, one (1)
shall serve for four (4) years and the other for two (2) years. Thereafter, the persons
appointed to succeed such members shall hold office for a term of six (6) years and until
their successors shall have been duly appointed and qualified.
The other twelve (12) members who shall be ex officio members of the Board are the
following:
Cabinet secretaries who are members of the Board may designate their duly authorized
and permanent representatives whose ranks shall in no case be lower than
undersecretary.
The Director of the NBI and the Chief of the PNP shall be the permanent consultants of
the Board, and shall attend all the meetings of the Board.
All members of the Board as well as its permanent consultants shall receive a per diem
for every meeting actually attended subject to the pertinent budgetary laws, rules and
regulations on compensation, honoraria and allowances: Provided, That where the
representative of an ex officio member or of the permanent consultant of the Board
attends a meeting in behalf of the latter, such representative shall be entitled to receive
the per diem.
Section 79. Meetings of the Board. – The Board shall meet once a week or as often as
necessary at the discretion of the Chairman or at the call of any four (4) other members.
The presence of nine (9) members shall constitute a quorum.
Section 80. Secretariat of the Board. – The Board shall recommend to the President of
the Philippines the appointment of an Executive Director, with the rank of an
undersecretary, who shall be the Secretary of the Board and administrative officer of its
secretariat, and shall perform such other duties that may be assigned to him/her. He/she
must possess adequate knowledge, training and experience in the field of dangerous
drugs, and in any of the following fields: law enforcement, law, medicine, criminology,
psychology or social work.
Two deputies executive director, for administration and operations, with the ranks of
assistant secretary, shall be appointed by the President upon recommendation of the
Board. They shall possess the same qualifications as those of the executive director.
They shall receive a salary corresponding to their position as prescribed by the Salary
Standardization Law as a Career Service Officer.
The existing secretariat of the Board shall be under the administrative control and
supervision of the Executive Director. It shall be composed of the following divisions,
namely: Policy Studies, Research and Statistics; Preventive Education, Training and
Information; Legal Affairs; and the Administrative and Financial Management.
Section 81. Powers and Duties of the Board. – The Board shall:
(b) Promulgate such rules and regulations as may be necessary to carry out
the purposes of this Act, including the manner of safekeeping, disposition,
burning or condemnation of any dangerous drug and/or controlled precursor
and essential chemical under its charge and custody, and prescribe
administrative remedies or sanctions for the violations of such rules and
regulations;
(c) Conduct policy studies, program monitoring and evaluations and other
researches on drug prevention, control and enforcement;
(f) Conduct continuing seminars for, and consultations with, and provide
information materials to judges and prosecutors in coordination with the
Office of the Court Administrator, in the case of judges, and the DOJ, in the
case of prosecutors, which aim to provide them with the current
developments and programs of the Board pertinent to its campaign against
dangerous drugs and its scientific researches on dangerous drugs, its
prevention and control measures;
(h) Design and develop, in consultation and coordination with the DOH,
DSWD and other agencies involved in drugs control, treatment and
rehabilitation, both public and private, a national treatment and rehabilitation
program for drug dependents including a standard aftercare and community
service program for recovering drug dependents;
(i) Design and develop, jointly with the DOLE and in consultation with labor
and employer groups as well as nongovernment organizations a drug abuse
prevention program in the workplace that would include a provision for
employee assistance programs for emotionally-stressed employees;
(l) Receive, gather, collect and evaluate all information on the importation,
exportation, production, manufacture, sale, stocks, seizures of and the
estimated need for any dangerous drug and/or controlled precursor and
essential chemical, for which purpose the Board may require from any
official, instrumentality or agency of the government or any private person
or enterprise dealing in, or engaged in activities having to do with any
dangerous drug and/or controlled precursors and essential chemicals such
data or information as it may need to implement this Act;
(o) Require all government and private hospitals, clinics, doctors, dentists
and other practitioners to submit a report to it, in coordination with the
PDEA, about all dangerous drugs and/or controlled precursors and
essential chemicals-related cases to which they have attended for statistics
and research purposes;
(p) Receive in trust legacies, gifts and donations of real and personal
properties of all kinds, to administer and dispose the same when necessary
for the benefit of government and private rehabilitation centers subject to
limitations, directions and instructions from the donors, if any;
(w) Submit an annual and periodic reports to the President, the Congress
of the Philippines and the Senate and House of Representatives
committees concerned as may be required from time to time, and perform
such other functions as may be authorized or required under existing laws
and as directed by the President himself/herself or as recommended by the
congressional committees concerned.
Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). – To carry out
the provisions of this Act, the PDEA, which serves as the implementing arm of the Board,
and shall be responsible for the efficient and effective law enforcement of all the
provisions on any dangerous drug and/or controlled precursor and essential chemical as
provided in this Act.
The PDEA shall be headed by a Director General with the rank of Undersecretary, who
shall be responsible for the general administration and management of the Agency. The
Director General of the PDEA shall be appointed by the President of the Philippines and
shall perform such other duties that may be assigned to him/her. He/she must possess
adequate knowledge, training and experience in the field of dangerous drugs, and in any
of the following fields: law enforcement, law, medicine, criminology, psychology or social
work.
The Director General of the PDEA shall be assisted in the performance of his/her duties
and responsibilities by two (2) deputies director general with the rank of Assistant
Secretary; one for Operations and the other one for Administration. The two (2) deputies
director general shall likewise be appointed by the President of the Philippines upon
recommendation of the Board. The two (2) deputies director general shall possess the
same qualifications as those of the Director General of the PDEA. The Director General
and the two (2) deputies director general shall receive the compensation and salaries as
prescribed by law.
Section 83. Organization of the PDEA. – The present Secretariat of the National Drug
Law Enforcement and Prevention Coordinating Center as created by Executive Order No.
61 shall be accordingly modified and absorbed by the PDEA.
The Director General of the PDEA shall be responsible for the necessary changes in the
organizational set-up which shall be submitted to the Board for approval.
For purposes of carrying out its duties and powers as provided for in the succeeding
Section of this Act, the PDEA shall have the following Services, namely: Intelligence and
Investigation; International Cooperation and Foreign Affairs; Preventive Education and
Community Involvement; Plans and Operations; Compliance; Legal and Prosecution;
Administrative and Human Resource; Financial Management; Logistics Management;
and Internal Affairs.
The PDEA shall establish and maintain regional offices in the different regions of the
country which shall be responsible for the implementation of this Act and the policies,
programs, and projects of said agency in their respective regions.
Section 84. Powers and Duties of the PDEA. – The PDEA shall:
(c) Administer oath, issue subpoena and subpoena duces tecum relative to
the conduct of investigation involving the violations of this Act;
(d) Arrest and apprehend as well as search all violators and seize or
confiscate, the effects or proceeds of the crimes as provided by law and
take custody thereof, for this purpose the prosecutors and enforcement
agents are authorized to possess firearms, in accordance with existing laws;
(e) Take charge and have custody of all dangerous drugs and/or controlled
precursors and essential chemicals seized, confiscated or surrendered to
any national, provincial or local law enforcement agency, if no longer
needed for purposes of evidence in court;
(f) Establish forensic laboratories in each PNP office in every province and
city in order to facilitate action on seize or confiscated drugs, thereby
hastening its destruction without delay;
(g) Recommend to the DOJ the forfeiture of properties and other assets of
persons and/or corporations found to be violating the provisions of this Act
and in accordance with the pertinent provisions of the Anti-Money-
Laundering Act of 2001;
(h) Prepare for prosecution or cause the filing of appropriate criminal and
civil cases for violation of all laws on dangerous drugs, controlled precursors
and essential chemicals, and other similar controlled substances, and
assist, support and coordinate with other government agencies for the
proper and effective prosecution of the same;
(o) Require all government and private hospitals, clinics, doctors, dentists
and other practitioners to submit a report to it, in coordination with the
Board, about all dangerous drugs and/or controlled precursors and
essential chemicals which they have attended to for data and information
purposes;
(p) Coordinate with the Board for the facilitation of the issuance of
necessary guidelines, rules and regulations for the proper implementation
of this Act;
(q) Initiate and undertake a national campaign for drug prevention and drug
control programs, where it may enlist the assistance of any department,
bureau, office, agency or instrumentality of the government, including
government-owned and or –controlled corporations, in the anti-illegal drugs
drive, which may include the use of their respective personnel, facilities, and
resources for a more resolute detection and investigation of drug-related
crimes and prosecution of the drug traffickers; and
(r) Submit an annual and periodic reports to the Board as may be required
from time to time, and perform such other functions as may be authorized
or required under existing laws and as directed by the President
himself/herself or as recommended by the congressional committees
concerned.
Section 85. The PDEA Academy. – Upon the approval of the Board, the PDEA Academy
shall be established either in Baguio or Tagaytay City, and in such other places as may
be necessary. The PDEA Academy shall be responsible in the recruitment and training
of all PDEA agents and personnel. The Board shall provide for the qualifications and
requirements of its recruits who must be at least twenty-one (21) years old, of proven
integrity and honesty and a Baccalaureate degree holder.
The graduates of the Academy shall later comprise the operating units of the PDEA after
the termination of the transition period of five (5) years during which all the intelligence
network and standard operating procedures of the PDEA has been set up and
operationalized.
The Academy shall be headed by a Superintendent, with the rank of Director. He/she
shall be appointed by the PDEA Director General.
Section 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs
into the PDEA and Transitory Provisions. – The Narcotics Group of the PNP, the Narcotics
Division of the NBI and the Customs Narcotics Interdiction Unit are hereby abolished;
however they shall continue with the performance of their task as detail service with the
PDEA, subject to screening, until such time that the organizational structure of the Agency
is fully operational and the number of graduates of the PDEA Academy is sufficient to do
the task themselves: Provided, That such personnel who are affected shall have the
option of either being integrated into the PDEA or remain with their original mother
agencies and shall, thereafter, be immediately reassigned to other units therein by the
head of such agencies. Such personnel who are transferred, absorbed and integrated in
the PDEA shall be extended appointments to positions similar in rank, salary, and other
emoluments and privileges granted to their respective positions in their original mother
agencies.
The transfer, absorption and integration of the different offices and units provided for in
this Section shall take effect within eighteen (18) months from the effectivity of this Act:
Provided, That personnel absorbed and on detail service shall be given until five (5) years
to finally decide to join the PDEA.
Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the
PNP on all other crimes as provided for in their respective organic laws: Provided,
however, That when the investigation being conducted by the NBI, PNP or any ad hoc
anti-drug task force is found to be a violation of any of the provisions of this Act, the PDEA
shall be the lead agency. The NBI, PNP or any of the task force shall immediately transfer
the same to the PDEA: Provided, further, That the NBI, PNP and the Bureau of Customs
shall maintain close coordination with the PDEA on all drug related matters.
ARTICLE X
Section 87. Appropriations. – The amount necessary for the operation of the Board and
the PDEA shall be charged against the current year's appropriations of the Board, the
National Drug Law Enforcement and Prevention Coordinating Center, the Narcotics
Group of the PNP, the Narcotics Division of the NBI and other drug abuse units of the
different law enforcement agencies integrated into the PDEA in order to carry out the
provisions of this Act. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.
All receipts derived from fines, fees and other income authorized and imposed in this Act,
including ten percent (10%) of all unclaimed and forfeited sweepstakes and lotto prizes
but not less than twelve million pesos (P12,000,000.00) per year from the Philippine
Charity Sweepstakes Office (PCSO), are hereby constituted as a special account in the
general fund for the implementation of this Act: Provided, That no amount shall be
disbursed to cover the operating expenses of the Board and other concerned agencies:
Provided, further, That at least fifty percent (50%) of all the funds shall be reserved for
assistance to government-owned and/or operated rehabilitation centers.
The fines shall be remitted to the Board by the court imposing such fines within thirty (30)
days from the finality of its decisions or orders. The unclaimed and forfeited prizes shall
be turned over to the Board by the PCSO within thirty (30) days after these are collected
and declared forfeited.
A portion of the funds generated by the Philippine Amusement and Gaming Corporation
(PAGCOR) in the amount of Five million pesos (P5,000,000.00) a month shall be set
aside for the purpose of establishing adequate drug rehabilitation centers in the country
and also for the maintenance and operations of such centers: Provided, That the said
amount shall be taken from the fifty percent (50%) share of the National Government in
the income of PAGCOR: Provided, further, That the said amount shall automatically be
remitted by PAGCOR to the Board. The amount shall, in turn, be disbursed by the
Dangerous Drugs Board, subject to the rules and regulations of the Commission on Audit
(COA).
The fund may be augmented by grants, donations, and endowment from various sources,
domestic or foreign, for purposes related to their functions, subject to the existing
guidelines set by the government.
Section 88. Management of Funds Under this Act; Annual Report by the Board and the
PDEA. – The Board shall manage the funds as it may deem proper for the attainment of
the objectives of this Act. In addition to the periodic reports as may be required under this
Act, the Chairman of the Board shall submit to the President of the Philippines and to the
presiding officers of both houses of Congress, within fifteen (15) days from the opening
of the regular session, an annual report on the dangerous drugs situation in the country
which shall include detailed account of the programs and projects undertaken, statistics
on crimes related to dangerous drugs, expenses incurred pursuant to the provisions of
this Act, recommended remedial legislation, if needed, and such other relevant facts as it
may deem proper to cite.
Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. – All
accounts and expenses of the Board and the PDEA shall be audited by the COA or its
duly authorized representative.
ARTICLE XI
Section 90. Jurisdiction. – The Supreme Court shall designate special courts from among
the existing Regional Trial Courts in each judicial region to exclusively try and hear cases
involving violations of this Act. The number of courts designated in each judicial region
shall be based on the population and the number of cases pending in their respective
jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases involving
violations of this Act.
The preliminary investigation of cases filed under this Act shall be terminated within a
period of thirty (30) days from the date of their filing.
Trial of the case under this Section shall be finished by the court not later than sixty (60)
days from the date of the filing of the information. Decision on said cases shall be
rendered within a period of fifteen (15) days from the date of submission of the case for
resolution.
Section 91. Responsibility and Liability of Law Enforcement Agencies and other
Government Officials and Employees in Testifying as Prosecution Witnesses in
Dangerous Drugs Cases. – Any member of law enforcement agencies or any other
government official and employee who, after due notice, fails or refuses intentionally or
negligently, to appear as a witness for the prosecution in any proceedings, involving
violations of this Act, without any valid reason, shall be punished with imprisonment of not
less than twelve (12) years and one (1) day to twenty (20) years and a fine of not less
than Five hundred thousand pesos (P500,000.00), in addition to the administrative liability
he/she may be meted out by his/her immediate superior and/or appropriate body.
The immediate superior of the member of the law enforcement agency or any other
government employee mentioned in the preceding paragraph shall be penalized with
imprisonment of not less than two (2) months and one (1) day but not more than six (6)
years and a fine of not less than Ten thousand pesos (P10,000.00) but not more than
Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification
from public office if despite due notice to them and to the witness concerned, the former
does not exert reasonable effort to present the latter to the court.
The member of the law enforcement agency or any other government employee
mentioned in the preceding paragraphs shall not be transferred or re-assigned to any
other government office located in another territorial jurisdiction during the pendency of
the case in court. However, the concerned member of the law enforcement agency or
government employee may be transferred or re-assigned for compelling reasons:
Provided, That his/her immediate superior shall notify the court where the case is pending
of the order to transfer or re-assign, within twenty-four (24) hours from its approval;
Provided, further, That his/her immediate superior shall be penalized with imprisonment
of not less than two (2) months and one (1) day but not more than six (6) years and a fine
of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos
(P50,000.00) and in addition, perpetual absolute disqualification from public office, should
he/she fail to notify the court of such order to transfer or re-assign.
Prosecution and punishment under this Section shall be without prejudice to any liability
for violation of any existing law.
Section 92. Delay and Bungling in the Prosecution of Drug Cases. – Any government
officer or employee tasked with the prosecution of drug-related cases under this act, who,
through patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the
unsuccessful prosecution and/or dismissal of the said drug cases, shall suffer the penalty
of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
without prejudice to his/her prosecution under the pertinent provisions of the Revised
Penal Code.
Section 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous
Drugs. – The Board shall have the power to reclassify, add to or remove from the list of
dangerous drugs. Proceedings to reclassify, add, or remove a drug or other substance
may be initiated by the PDEA, the DOH, or by petition from any interested party, including
the manufacturer of a drug, a medical society or association, a pharmacy association, a
public interest group concerned with drug abuse, a national or local government agency,
or an individual citizen. When a petition is received by the Board, it shall immediately
begin its own investigation of the drug. The PDEA also may begin an investigation of a
drug at any time based upon the information received from law enforcement laboratories,
national and local law enforcement and regulatory agencies, or other sources of
information.
The Board after notice and hearing shall consider the following factors with respect to
each substance proposed to be reclassified, added or removed from control:
(c) The state of current scientific knowledge regarding the drug or other
substance;
The Board shall also take into accord the obligations and commitments to international
treaties, conventions and agreements to which the Philippines is a signatory.
The Dangerous Drugs Board shall give notice to the general public of the public hearing
of the reclassification, addition to or removal from the list of any drug by publishing such
notice in any newspaper of general circulation once a week for two (2) weeks.
(c) In case of the addition of a new drug to the list of dangerous drugs and
precursors and essential chemicals, no criminal liability involving the same
under this Act shall arise until after the lapse of fifteen (15) days from the
last publication of such notice;
(d) In case of removal of a drug from the list of dangerous drugs and
precursors and essential chemicals, all persons convicted and/or detained
for the use and/or possession of such a drug shall be automatically released
and all pending criminal prosecution involving such a drug under this Act
shall forthwith be dismissed; and
(e) The Board shall, within five (5) days from the date of its promulgation
submit to Congress a detailed reclassification, addition, or removal of any
drug from the list of dangerous drugs.
ARTICLE XII
Section 94. Implementing Rules and Regulations. – The present Board in consultation
with the DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO
and all other concerned government agencies shall promulgate within sixty (60) days the
Implementing Rules and Regulations that shall be necessary to implement the provisions
of this Act.
ARTICLE XIII
Final Provisions
Section 96. Powers and Functions of the Oversight Committee. – The Oversight
Committee on Dangerous Drugs shall, in aid of legislation, perform the following
functions, among others:
(a) To set the guidelines and overall framework to monitor and ensure the
proper implementation of this Act;
(c) To approve the budget for the programs of the Oversight Committee on
Dangerous Drugs and all disbursements therefrom, including compensation
of all personnel;
Section 97. Adoption of Committee Rules and Regulations, and Funding. – The
Oversight Committee on Dangerous Drugs shall adopt its internal rules of procedure,
conduct hearings and receive testimonies, reports, and technical advice, invite or
summon by subpoena ad testificandum any public official, private citizen, or any other
person to testify before it, or require any person by subpoena duces tecum documents or
other materials as it may require consistent with the provisions of this Act.
To carry out the powers and functions of the Oversight Committee on Dangerous Drugs,
the initial sum of Twenty-five million pesos (P25,000,000.00) shall be charged against the
current appropriations of the Senate. Thereafter, such amount necessary for its continued
operations shall be included in the annual General Appropriations Act.
The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10) years
from the effectivity of this Act and may be extended by a joint concurrent resolution.
Section 98. Limited Applicability of the Revised Penal Code. – Notwithstanding any law,
rule or regulation to the contrary, the provisions of the Revised Penal Code (Act No.
3814), as amended, shall not apply to the provisions of this Act, except in the case of
minor offenders. Where the offender is a minor, the penalty for acts punishable by life
imprisonment to death provided herein shall be reclusion perpetua to death.
Section 99. Separability Clause. – If for any reason any section or provision of this Act,
or any portion thereof, or the application of such section, provision or portion thereof to
any person, group or circumstance is declared invalid or unconstitutional, the remainder
of this Act shall not be affected by such declaration and shall remain in force and effect.
Section 100. Repealing Clause. – Republic Act No. 6425, as amended, is hereby
repealed and all other laws, administrative orders, rules and regulations, or parts thereof
inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.
Section 101. Amending Clause. – Republic Act No. 7659 is hereby amended accordingly.
Section 102. Effectivity. – This Act shall take effect fifteen (15) days upon its publication
in at least two (2) national newspapers of general circulation.
Approved,
(Sgd) (Sgd)
This Act which is a consolidation of Senate Bill No. 1858 and House Bill No. 4433 was
finally passed by the Senate and the House of Representatives on May 30, 2002 and May
29, 2002, respectively.
(Sgd) (Sgd)
GLORIA MACAPAGAL-
ARROYO
President of the Philippines